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BREAKING: Court rules Oregon anti-recording law unconstitutional following James O’Keefe and Project Veritas lawsuit
Post Millennial ^ | 7/3/23 | Darian Douraghy

Posted on 07/03/2023 3:22:12 PM PDT by CFW

The Ninth Circuit Court of Appeals ruled on Monday that a law banning the recording of persons who do not explicitly consent to their voices being captured is unconstitutional, as it violates the First Amendment.

James O’Keefe of O’Keefe Media Group (OMG) announced the decision online, noting that this follows his filing of a lawsuit in Portland, Oregon about three years ago. In PVA v. Schmidt, O’Keefe’s former journalistic organization argued that Oregon law violates the US Constitution, especially in regard to the rights of those engaging in undercover investigative journalism.

(Excerpt) Read more at thepostmillennial.com ...


TOPICS:
KEYWORDS: constitution; media; okeefe; oregon; recording
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This is big news and can affect several of the cases against independent media (especially O'Keefe) in which journalists record the actions of corrupt politicians and organizations only to find themselves in court charged with illegally recording the evidence of crimes.
1 posted on 07/03/2023 3:22:12 PM PDT by CFW
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To: CFW

So this would mean jack smith’s case against President Trump saying on a recording he had classified docs is kaput- correct?


2 posted on 07/03/2023 3:24:52 PM PDT by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
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To: CFW

So will this effect peep using FISA in secretly recording us citizens


3 posted on 07/03/2023 3:26:18 PM PDT by thinden (buckle up ....)
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To: God luvs America

Doesn’t apply and not relevant. Trump voluntarily sat down for a recorded interview, ran his mouth, now needs to explain what he said. Very different than some states saying you must have permission of everyone before recording. Ninth circuit says now that is unconstitutional, need that to go nationally.


4 posted on 07/03/2023 3:26:45 PM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected.)
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To: Reno89519

You brain dead Soros AI chatbots never sleep, do ya?


5 posted on 07/03/2023 3:28:48 PM PDT by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████. FJB.)
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To: E. Pluribus Unum

?


6 posted on 07/03/2023 3:29:48 PM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected.)
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To: CFW

“The Ninth Circuit Court of Appeals ruled on Monday that a law banning the recording of persons who do not explicitly consent to their voices being captured is unconstitutional, as it violates the First Amendment.”

Crooked cops (and others) are pizzed because their violations of the law are constitutionally recorded and can be used agaist them in a court of law.

Poor little cops, their one way street is closed for repair.

.


7 posted on 07/03/2023 3:30:15 PM PDT by TLI (ITINERIS IMPENDEO VALHALLA)
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To: thinden

No, the government needs a warrant to wiretap. Well, more correctly, they are supposed to get one.


8 posted on 07/03/2023 3:30:22 PM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected.)
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To: Reno89519

You have the constitutional right to remain silent. You have the right to open your mouth, brag, and insert toes….


9 posted on 07/03/2023 3:31:12 PM PDT by Liaison (TANSTAAFL)
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To: Liaison
You have the constitutional right to remain silent. You have the right to open your mouth, brag, and insert toes….

Yep, exactly.

10 posted on 07/03/2023 3:32:55 PM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected.)
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To: CFW

Below is a link to the complaint filed three years ago against the local DA and Oregon’s AG.

https://assets.ctfassets.net/syq3snmxclc9/3umr4skpDjZQtMMP6KhUM0/9b0d8597b97ac6ec156e89706226faa4/1_PVA_v._Schmidt_Verified_Complaint_Final_for_Filing.pdf

Below is the link to the opinion by Judge Ikuta with Judge Bea and Morgan concurring. Christen dissenting.

https://www.scribd.com/document/656890916/Project-Veritas-Et-Al-v-Mich-37


11 posted on 07/03/2023 3:32:59 PM PDT by CFW (old and retired)
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To: CFW

I wonder if this might be extended to the prohibition on recording police activity. I always wondered how that could possibly be illegal.


12 posted on 07/03/2023 3:35:01 PM PDT by Billthedrill
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To: CFW

Nice win, James!


13 posted on 07/03/2023 3:45:45 PM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: CFW

So this is the 9th? Then what effect will it have on David Daleiden?


14 posted on 07/03/2023 3:47:28 PM PDT by MeganC (There is nothing feminine about feminism. )
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To: Billthedrill; All
I wonder if this might be extended to the prohibition on recording police activity. I always wondered how that could possibly be illegal.

Several circuits have already ruled recording of police in the performance of their public duties, is constitutionally protected under the First Amendment.

15 posted on 07/03/2023 3:48:07 PM PDT by marktwain
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To: MeganC

“So this is the 9th? Then what effect will it have on David Daleiden?”


Good question!!!


16 posted on 07/03/2023 4:20:08 PM PDT by CFW (old and retired)
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To: God luvs America

No, just the opposite.


17 posted on 07/03/2023 4:24:29 PM PDT by Husker24 (Pp)
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To: CFW
Direct PDF link to court opinion
18 posted on 07/03/2023 5:01:31 PM PDT by AndyJackson
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To: ten18; Twotone; VeryFRank; Clinging Bitterly; Rio; aimhigh; Hieronymus; bray; 1malumprohibitum; ...
If you would like more information about what’s happening in Oregon, please FReepmail me. Please send me your name by FReepmail if you want to be on this list.
19 posted on 07/03/2023 5:32:19 PM PDT by Twotone
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To: CFW

Ha!

Bam!


20 posted on 07/03/2023 5:33:13 PM PDT by bgill
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